The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-11
A BAD PRECEDENT.

fortunate Thing for the Commission.
New York Times (Editorial)
The commission has certainly begun with
very liberal construction of its own powers in
regard to the suspension of the operation of the
fourth section of the law, and. while we do not
undertake to say that the circumstances of the
case may not have justified this stretch of au-
thorty, it may be that as a precedent it will
the commission some trouble in the fut-
ure, and it is pretty certain that it would not
stand the of judicial decision if it were to be
contested. In so far the schedules of these
Southern railroads are already consistent with
the meaning and intent of the fourth section
their maintenance WILL of course. involve no VI
olation thereof and no penalty and the suspen-
sion is barren exercise of authority. In so far
as they are not consistent Herewith, it is very
doubtful whether the relieving order of the
commission is of any legal effect whatever I'M
less 1t may possibly be held to relieve the rail-
roads from the penalties provided for the viola
ton of the prohibition SO long they acting
under the authority assumed by the commits
sion.
The really important point is the construction
to be finally given to the words under substau-
TALLY similar circumstances and conditions"
We have always regarded these words rs being
In the language of Senator Cu]lom, full of
meaning" and as giving all necessary elasticity
to this fourth section of the law. We do not con
the local traffic of these Southern lines or of any
great through lines. and the different roads that
constitute them are carried on under crcum-
stances and conditions that are substantially
similar. Therefore no imperative neces-
sity for conforming through and local rates to
each other so far as the requirements of the law
are concerned. Wherever there are substantial
business reasons which really justify the charg-
ing of lower rates for longer than for shorter
distances, it is because the circumstances and
conditions under which the traffic must
be conducted are not similar, for it is
in substantial difference in those
the discrimination is alone to be found The
prohibition applies. therefore, only when there
are no justifying reasons to be found III a dis
similarity of the circumstances and conditions of
the traffic for charging more for shorter than
Tor longer distance. We believe that the
cases in which this discrimination is made with
out reasons justified by the conditions to which
traffic is subjected are comparatively few, but
where they exist they work injustice. 1t is at
such instances that the prohibition of the fourth
section is aimed. and it is merely one of the pro-
visions of the law intended to put end to ''un-
just Determinations"
Unless this construction is be given to the sec
ton it is unavoidable and ought never to have
been in the law. Whether or not it is to work
embarrassment and injury, and thereby damage
the operation of the whole interstate commerce
act and encourage its enemies will depend upon
the construction to be ultimately given to it.
The commission will doubtless find, latter in
vestigation," that it is not only expedient. but
absolutely necessary to give it this liberal inter
probation, and we have no doubt they will be sus-
tanned in SO doing
Let the Principle of the Law Be Enforced
New York World tEditoriaI)
The rapidly increasing number of petitions
presented to the Insterstate-commerce Commits
sion for suspension OF the operation of the long
and-short haul clause of tne railroad law is re-
markable. The principle of that provision must
be pressed home now. an inextricable con-
fusion will follow. and the law in this respect,
at least, prove worthless. The situation proves
conclusively that if discrimination between
places is wrong, the long and short haul clause
was much needed, for the discrimination was
widely practced A representative case is sup
Piled by the Boston petitioners They make
an open and straightforward request that they
may continue to be Disseminated in favor of
in order that they can retain an export and i'm
port business which, under just schedule of
charges, would 90 TO another port. Their best
argument is that they will lose what naturally
belongs to somebody else if the law is enforced
Here is the gst of the whole question. If the
law is properly administered the knife must cut
painfully in MANY places, and complaint and
wailing will arise accordingly.
IT there were only a nentralizing cry of reioic-
ing on the part of those who were recovering
their rights, fairer impression would be con.
veyed of the justice of the law. But tie com
plants IN sucn cases are always the louder and
it requires some strength of nind to hold firmly
the right view while the noise is going on.
Responsibility for doing this rests with the com
mission. The principle they to adhere 10 is
that 1t is the business OF the railroads to charge
fairly in proportion to the service performed
and let the trade equilibrium establish itself
without trying 10 influence it in either this city
or that If exceptions can wisely be made, il
must be for extraordinary and rare causes
Congress has made the present the appointed
time for the application of the law Let il bs
applied, the uproar Notwithstanding